The Supreme Court of India has taken suo motu cognisance of the Allahabad High Court's controversial ruling that stated that grabbing a minor girl’s breasts and breaking her pyjama string did not constitute rape or an attempt to rape. The matter, which has sparked nationwide outrage, is set to be heard by a bench comprising Justices B R Gavai and Augustine George Masih on Wednesday, March 26, 2025.

Allahabad High Court Ruling: A Controversial Decision

The controversy began after the Allahabad High Court ruled that the actions of the accused — grabbing a minor girl’s breasts and tearing the string of her pyjama — did not meet the criteria for rape or an attempt to rape. The court classified the offense under Section 354(B) of the IPC (assault or use of criminal force to a woman with intent to disrobe) and Section 9(m) of the POCSO Act (aggravated sexual assault), both of which carry lesser punishments compared to rape.

The court stated that "an attempt to commit rape must go beyond the stage of preparation and demonstrate a greater degree of determination." It further noted that there was no evidence suggesting that the accused had attempted penetrative sexual assault.

"The specific allegation against Akash is that he tried to drag the victim beneath the culvert and broke the string of her pyjama. However, witnesses have not stated that the victim was left undressed or naked due to the accused's actions. There is no allegation that the accused attempted penetrative sexual assault," the High Court observed while delivering its verdict.

Background of the Case: Shocking Details Emerge

The case involves two men, Pawan and Akash, who were accused of sexually assaulting a minor girl while she was walking with her mother. According to the prosecution, the accused allegedly grabbed the minor’s breasts, tore the string of her pyjama, and attempted to drag her under a culvert.

Initially, the accused were charged under Section 376 of the Indian Penal Code (IPC), which pertains to rape, along with relevant provisions of the Protection of Children from Sexual Offences (POCSO) Act. However, the Allahabad High Court’s ruling downgraded the charges to aggravated sexual assault, stating that the accused’s actions did not amount to rape or an attempt to rape.

Supreme Court Steps In: Suo Motu Cognisance of the Ruling

The Supreme Court initially refused to hear a plea challenging the Allahabad High Court’s verdict. However, a day later, the apex court took suo motu cognisance of the matter after mounting public criticism and concerns over misinterpretation of sexual assault laws.

A bench comprising Justices B R Gavai and Augustine George Masih will now hear the case on Wednesday, March 26, 2025. The decision to take suo motu cognisance underscores the gravity of the case and its potential implications for the interpretation of rape and sexual assault laws in India.

What Does Suo Motu Cognisance Mean?

Suo motu cognisance allows the Supreme Court to take up a matter on its own initiative without any formal petition being filed. This mechanism is usually invoked in cases where there is a grave miscarriage of justice or where public interest demands judicial intervention.

In this case, the apex court’s decision to intervene reflects concerns about the interpretation of laws protecting minors and the need for greater clarity on what constitutes an attempt to rape under Indian law.

High Court’s Justification: Misinterpretation of Attempt to Rape?

The Allahabad High Court reasoned that "an attempt to commit rape must go beyond the stage of preparation and demonstrate a greater degree of determination." It emphasized that since the accused did not go beyond preparation and no penetrative sexual assault was attempted, the charges of rape and attempt to rape could not be sustained.

However, legal experts have argued that grabbing a minor’s breasts and attempting to disrobe her should be interpreted as an attempt to rape, given the intent and circumstances of the act. Critics of the ruling have pointed out that the high court’s interpretation of attempt to rape sets a dangerous precedent that may lead to a dilution of protections offered under the POCSO Act and IPC.

Public Outcry and Legal Implications

The Allahabad HC ruling has triggered nationwide outrage, with child rights activists, legal experts, and women’s rights organizations expressing deep concern over the downgrading of charges. Many have warned that the ruling could weaken legal protections for minors and embolden perpetrators.

"This judgment sends a wrong message to society. Any form of sexual assault on a minor must be dealt with the strictest possible charges," said a senior advocate representing a child rights NGO.

POCSO Act and IPC Provisions: A Closer Look

• Section 376 of IPC: Punishes rape with imprisonment for a term not less than 10 years, extendable to life imprisonment.

• Section 354(B) of IPC: Pertains to assault or use of criminal force with the intent to disrobe, with imprisonment ranging from 3 to 7 years.

• Section 9(m) of POCSO Act: Defines aggravated sexual assault, punishable with imprisonment between 5 to 7 years and a fine.

Supreme Court’s Verdict: Awaited with High Expectations

With the Supreme Court stepping in, the matter is now poised to receive comprehensive judicial scrutiny. Legal experts are hopeful that the apex court will re-evaluate the high court’s interpretation of attempt to rape and ensure that minors receive the full protection of the law.

As the hearing progresses, all eyes will be on the Supreme Court’s verdict, which will likely set a significant precedent for cases involving sexual offenses against minors in India. The judicial community, rights activists, and concerned citizens await a decision that upholds justice and safeguards the rights of minors.

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